Can a full-time Louisiana sheriff's deputy also work full-time as a village police officer?

Plain-English summary

Florien's mayor asked whether a full-time Sabine Parish deputy sheriff could also be a full-time police officer for the village. The Louisiana Attorney General said no under the state's Dual Officeholding and Dual Employment Law.

The opinion classified the deputy position as a full-time appointive office and the village police position as full-time employment. It treated the sheriff and village as separate political subdivisions. La. R.S. 42:63(E) bars someone holding a full-time appointive office or full-time public employment from holding another full-time appointive office or public employment. The opinion confined its answer to that law and left ethics code questions to the state Board of Ethics.

What this means for you

Sabine Parish sheriff's deputies

For a deputy serving full-time, the opinion says a second full-time police job with Florien is prohibited by La. R.S. 42:63(E). Its conclusion depends on both positions being full-time as classified in the opinion.

Florien officials

The village police job was treated as full-time public employment. The AG concluded the village could not simultaneously employ a full-time Sabine Parish deputy in that role under the dual employment law.

Common questions

Q: Can a full-time deputy sheriff hold a second full-time village police job in Louisiana?
A: Not in the Sabine Parish and Florien arrangement the opinion considered. La. R.S. 42:63(E) prohibited those simultaneous positions.

Q: Why does the deputy count as an officeholder?
A: The opinion says the deputy position is created by state law and classifies a full-time deputy as holding a full-time appointive office for this statute.

Q: Does the opinion answer whether a part-time police role is allowed?
A: No. Its holding addresses the two full-time positions presented in the request.

Q: Did the Attorney General decide whether the arrangement violates the ethics code?
A: No. The opinion expressly left ethics code questions to the Louisiana State Board of Ethics.

Background and statutory framework

The opinion applied the definitions of full-time service, appointive office, employment, and political subdivision in La. R.S. 42:62. Under its classification, the deputy and village officer roles fell within the two full-time public positions forbidden by La. R.S. 42:63(E).

Citations and references

• La. R.S. 42:62(4), defining full-time service for this law.
• La. R.S. 42:63(E), prohibiting simultaneous full-time public positions described in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0080

Original opinion text

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEY GENERAL
August 29, 2024
OPINION 24-0080

The Honorable Eddie Jones, Jr.
78 Dual Officeholding

   Mayor Village of Florien                          La. R.S. 42:61, etseq.                        La. Const. art. 5, § 27
   P.O. Box 68                                       La. C.C.P. Art. 331                           La. R.S. 33:321, et seq.

.
La. R.S. 13:5537
Florien LA 71429
The provisions of the Dual Officeholding and Dual Employment Law prohibit a full-time Sabine Parish Sheriff Deputy Sheriff from serving
Dear Mayor Jones: as a full-time police officer for the Village of Florien.

Our office received your request for an opinion regarding whether a full-time Sabine Parish Deputy Sheriff may serve as a full time police officer for the Village of Florien.

Pursuant to La. Const. art. X, § 22, the legislature has enacted laws regulating dual employment and defining, regulating, and prohibiting dual office holding in state and local government. The provisions of the Dual Officeholding and Dual Employment Law, found at La. R.S. 42:61 et seq., govern questions concerning the ability to hold two or ,

more public offices and/or positions simultaneously. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding and Dual Employment Law.

The Sabine Parish Sheriff, who is an elected public official, is authorized to hire deputies as necessary.1 The position of Deputy Sheriff is specifically established by the laws of the state.2 A full-time Deputy Sheriff holds a “full time” “appointive office” for purposes of the Dual Officeholding and Dual Employment Law.3

The Village of Florien is governed by the Lawrason Act, La. R.S. 33:321, et seq. The Village has adopted a mayor-board of aldermen form of government. The Chief of Police is elected in accordance with the provisions of La. R.S. 33:381(B). The Chief is authorized to appoint police personnel subject to the approval of the Mayor and the

1 La. Const. art. V, § 27 and La. C.C.P. Art. 331.
2 La. R.S. 13:5537.
3 “Full time” means the period of time which a person normally works or is expected to work in an
appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work. La. R.S. 42:62(4). “Appointive office” means any office in any branch of government or other position on an agency board, or commission, or any executive office of any agency, board, commission or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof. La. R.S. 42:62(2).

Page 2

OPINION 24-0080
Mayor Eddie Jones, Jr.
Page 2

Board of Aldermen.4 A full-time police officer for the Village holds “full time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.5

The Sabine Parish Sheriff and Village of Florien are separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.6

The most applicable provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(E), which provides in pertinent part:

No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

La. R.S. 42:63(E) prohibits a full-time Sabine Parish Deputy Sheriff from serving as a full-time police officer for the Village of Florien.

Please note that our expressed opinion is limited to an examination of the state laws relating to Dual Officeholding and Dual Employment. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1 1 1 1 et seq. Advisory rulings addressing questions under the Ethics Code ,

are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821 phone:
,

225-21 9-5600.

4 La. R.S. 33:423(A).
5 “Full time” means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work. La. R.S. 42:62(4). “Employment” means any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision. La. R.S. 42:62(3). 6 “Political subdivision” means a parish, municipality, and any other unit of local government, including a

school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor’s courts, justice of peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. La. R.S. 42:62(9).

Page 3

OPINION 24-0080
Mayor Eddie Jones, Jr.
Page 3

We hope that this opinion adequately addresses the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:_____
Madeline S. Carbonette
Assistant Attorney General

LM: MSC